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What are authorised institutions (AIs) required to do when they receive a customer complaint? On 6 January 2023, the Hong Kong Monetary Authority (HKMA) issued its updated Supervisory Policy Manual (SPM) module IC-4 on complaints handling and redress. The updated IC-4 imposes new requirements on AIs under an enhanced complaints handling framework, in line with one … Read more
Have you been keeping up to date with the latest virtual asset (VA) developments in Hong Kong? They continue to come thick and fast. We set out below a wrap-up of the most recent developments, including in relation to the new virtual asset service provider (VASP) licensing regime, warnings from the Securities and Futures Commission (SFC), amendments to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AMLO), and what to expect in the new year. Read more
The Stock Exchange of Hong Kong Limited (SEHK) recently published its new Guidance Note on Cooperation (Cooperation Note) and revised Enforcement Sanctions Statement (Sanctions Statement). The Cooperation Note is a brand new guidance note that stresses SEHK’s expectations regarding cooperation. It sets out examples of good cooperation with the possible benefits and examples of uncooperative conduct with the possible consequences. Read more
Both the Hong Kong and Singapore regulators have announced further developments and guidance in relation to the regulation of virtual asset (VA)-related products and services. Hong Kong is proposing to recalibrate its existing legal and regulatory regimes to enable greater access to VA by retail investors, while Singapore has launched consultations on stablecoin-related activities and digital payment token services. Read more
Hong Kong’s Fintech Week 2022 began with a crypto-infused bang with keynote speeches from the Government and financial regulators embracing the financial innovation made possible by virtual assets (VAs). Recognising that VAs are here to stay, Hong Kong has proposed to recalibrate the existing legal and regulatory regimes, with a focus on enabling greater access by retail investors to VA-related products and services while mitigating attendant risk. We also anticipate developments in the near future around the property rights of tokenised assets and stablecoins. Read more
In light of the increasing use of fintech to deliver services digitally to retail clients, the SFC has shared its observations following an in-depth survey of firms which provide online brokerage, distribution and advisory services. Read more
The new licensing regime for virtual asset service providers (VASPs) will significantly impact the virtual asset industry in Hong Kong. Once in force, any person who seeks to carry on a business of providing a virtual asset service (currently limited to operating a virtual asset exchange) will be required to apply to the SFC for a licence. On Tuesday, 23 August 2022from 1pm to 2pm (Hong Kong/Singapore time), our Asia Financial Services Regulatory Partners, Hannah Cassidy and Natalie Curtis, will be joined by Prosynergy Consulting Limited’s Managing Director, Louie Lee, ARTA TechFin Corporation Limited’s CEO (Blockchain Finance), Simon Au Yeung, and MaiCapital Limited's Managing Partner, Marco Lim, to discuss the new VASP licensing regime. Read more
“Green finance” is quickly gaining momentum in China. The rise of green finance was at first driven by environmental goals when the concept of “ecological civilisation” was brought up, and more recently by China’s objectives to achieve the peak of carbon emissions by 2030 and carbon neutrality (or more precisely, net-zero of all six types of greenhouse gas emissions) by 2060, the so-called “Dual Carbon goals”. Read more
The Hong Kong government has gazetted amendments to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AMLO) to enhance Hong Kong’s anti-money laundering and counter-terrorist financing (AML/CFT) regulatory regime. The amendments will be introduced into the Legislative Council (LegCo) for first reading on 6 July 2022. Read more